brennan gave a speech. all three in the speeches said essentially what the justification was. the judge said that wasn't a waiver. that is the legal concept. the judge probably made the right decision but we will see what happens. >>gregg: hold are -- holder said when you target a person for due process, protections apply but that does not require "judicial process." is he kidding? >>guest: what is good for the goose is good for the gander. you put someone in government bay without relating to habeas corpus and now you can kill them? >>gregg: that statement gives fuel to the critic whose say he is not competent to be attorney general. thank you, doug. even with the fiscal cliff deal, odds are your taxes will go up the how much? that is coming up next. he beat the odds more than once to get to congress. how senator came back from a stroke. a remarkable day, walking up the stairs outdoors, the nation's capitol today. >>gregg: look at this swearing in ceremony for the house of representatives a photo op and jo